The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1887-02-02
STATE OF VERMONT,
- WASHiNGTON DISTRICT. IS.
IN CHANCERY, WAsHINGTON COUNTY,
SEPTEMBER TERM. lSs6
lanes Il. LoHgdon Fl 81 VS. huntington Il LamoiHe

flames Il. LfHQ1OH II al VS.. BHriHufOH & LuWOiNe
Rdilrodd et al
Whereas, Jed Z. Clark Lucien Il. Howe, Edward
P; Hatch and John Gregory smith have this day
against the Burlington Il Lamoille Railroad
Company, 10 D Hatch and cal ,ii! H. Bodgett Of
\. Stark of New York City, lanes r. Langdon of
jamin 7, Cheney of Boston, Massachusetts, setting
forth in substance, that on the 10Th day of March,
legally existing corporation of this State, duly
cuted mortgage deed of the railroad of said Com
t hitenden COUNTY, to Cambridge junction. in La.
noble County about thirty,ye miles together with
tools and pegTsonI e Of said Com
RngttonV and Iucus j. \ stark of the City of New
York, as trustees, to hold said mortgaged property
Railroad Company to the amount of two hundred
thousand dollars. nnety-fye per cent of said bonds
the residue for the sum of one hundred dollars
eaeh all payable IN FIVE years from the LIST day Of No
semannualiy at the rate of seven per cent per an
num- that all of said bonds secured by said mort
gage were duly issued by said Company and are now
outstanding and unpaid and that there is consider
ieve that James h. Langdon of Montpelier, Benja-
holding some of said bonds. The orators further
set forth that afterwards on the llth day of May
pany duly executed another mortgage of the same
Howe sna HacS Of
orators, as trustees to hold the same in trust to Sc
Company TO the amount of six hundred nd fifty
thousand dollars. to be payable in twenty years from
the character the bonds secured by the first
mortgage The orators say that all of said bonds
standing ard unpaid, and no interest has been paid;
the orators believe that j. Gregory Smith, Jed 7.
Clark, Edward ". Peck and George L. Iinsey are
large holders of such bonds; that at the March
ton County the said Jo d; Hatch, Calvin IL. Blod
gett and Lucius J. n Stark as trustees, and James
ers, duly entered in said Court their petition against
ST ed u
7. Hatch trustees, and j. Gregory Smith as Il bond
decree Of foreclosure Of the said INST mortgage
above set forth, and the said cause Is now pending
of them, have filed an answer and are making de-
Tense thereto that the orators aud defendants in
purpose by said Court bring this their cross.bili
against the said Burlington 4 iamoiile Railroad
Company and the orators in said original petition
for the purpose Of being allowed to redeem the said
the orators therein are entitled t3a decree therein,
and also to fureclOse the said second mortgage
Company and praying that the Defendants to this
bin be required 20 ansSer the same fully and par
that the orators in said original bill are entitled to
decree I upon shld nfSt h2rtEage, ana the amount
lowed reasonable time To pay the same if the same
Is not paid by the mortgagor aud If these orators
shall pay the same. that they Ice entitled to have
decree for a foreclosure against the said burlington
~ Lamole Railroad Company, not only for the
amount due ON said second mortgage but also for
any sum paid to redeem the said first mortgage and
qutre; And the orators in this bill bring the same
III behalt or any ana All hnndholders under said
second mortgage who may choose to come in under
the same. And
. Where's IL Il made to appear that Lucius j, y
stark and benjamin +, Cheney. defendants in said
cross-bill, now reside and are without this state
where the process of this Court cannot be served
upon them, therefore IL Is ordered that the said
lucius i. ~ stark and Benjamin T. Cheney he
tined of the tendency of said cross-bill aud sum
moned to appear and make answer TO the same he
fore the Honorable Court of Chancery next 10 he
held at Montpelier, within and for the County of
Washington, ON the second Tuesday of March, A.
D. 1857, at nine o'clock A. NJ, by the publication of
the substance of said cross-bi together with this
order thereon, three weeks successfully in the Yer
mont WatchndR a State yORrHdi, a weekly news
paper published at Montpelier, aforesaid the last of
which publications shall he at least twenty days pre-
vious 10 said second Tuesday of March A. b. lss7,
which shall he deemed sufficient notice TO the said
Lucus j. n. stark and benjamin r. Cheney.
Given under my hand at Montpelier, in the County
of Washington, this 18th day of January, A. II.
1857. MELVILLE T.. SMILE clerk,
LUKE L. POLAND, Solicitor for Orators